An analysis of factors association with responsibility attribution in incidents of medical malpractice

Abstract

Approximately twelve-hundred medical malpractice claims make it to the state courts each year. Within this setting, a growing concern is the influence of extralegal factors, which are factors outside the scope of the law that impact the manner in which jurors assign responsibility. The purpose of this study was to identify the strength and influence of two extralegal factors when attributing responsibility for claims of medical malpractice: severity effects and personal choice. A 2X2 research design with follow-up questionnaires was employed to assess participants' attribution of responsibility. The data revealed a relationship between personal choice and responsibility attribution, but failed to identify a relationship between severity effects and responsibility attribution. These results, in part, highlight the role extra-legal factors play in the decision-making process, which can inform the trial strategy of both plaintiffs and defendants in medical malpractice litigation.